Burnap v. United States
Headline: Court upholds removal of a landscape architect in the War Department, ruling the Chief of Engineers lawfully suspended and discharged him and denying his claim for back pay.
Holding: The Court held that although his appointment by the Secretary of War was unauthorized, the Chief of Engineers properly exercised removal authority, so the landscape architect’s suspension and discharge were valid and he is not entitled to salary.
- Affirms bureau chiefs can remove employees under their statutory authority.
- Denies back pay when a removal by the proper bureau official is lawful.
- Shows mistaken appointments can be cured by long acquiescence from the bureau head.
Summary
Background
A man hired as a landscape architect began work in the Office of Public Buildings and Grounds on July 1, 1910, at a yearly salary of $2,400 after being appointed by the Secretary of War. He was suspended from duty and pay on September 14, 1915, and formally discharged on August 3, 1916, with a successor named July 20, 1917. He claimed the suspension and discharge were invalid, argued only the Secretary could remove him, and sought back pay; auditors and the Comptroller denied payment and the Court of Claims dismissed his suit.
Reasoning
The Court examined the statutes governing who hires and fires in that office and found no law creating a separate statute-based office of landscape architect. A general statute lets the Secretary hire clerks and employees, but a more specific statute gives the Chief of Engineers power to employ people for the public buildings and grounds. The Court said the Secretary’s original appointment was without proper authority, but the Chief of Engineers had long acquiesced and thus the defect was cured. The suspension was issued by the office supervisor and the Chief of Engineers ordered the discharge under applicable Civil Service regulations. The Court concluded the Chief lawfully exercised removal power and that the suspension was a proper incident of that authority.
Real world impact
The decision means the employee’s dismissal stands and his claim for salary was denied. It confirms that when a bureau chief has statutory authority over hires and fires, removals by that chief are effective even if an earlier appointment was made by the wrong official, particularly where the bureau chief accepted the arrangement over time.
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